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PHRAA, Park Home Residents Action Alliance | Monday, 06 February 2012
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Newsflash

RONS RUMINATIONS.

Exposing the “ONE VOTE PER HOME” Con Trick.

PARK OWNERS CAN’T HAVE IT BOTH WAYS,

CAN THEY????? .

YES, Thanks to the recent decision in the PRESTON COURT OF APPEAL on 23rd November 2010 using the industry biased 2006 amendments To the MOBILE HOMES ACT 1983 against innocent and vulnerable Park Home owners, park owners can now legally have it both ways.!!!!

I refer of course to one particular and, as in this case, abuse of a clause contained within the strict terms and conditions introduced by Government which by law have to be conformed with by the park residents in order that their proposed parks Residents Association be recognised by the Park Owner. (See Government Park Homes Fact Sheet “Qualifying Residents Association” available from Department of Communities.) a minimum of 50% of residents must be registered members and for the purpose of voting only ONE VOTE PER HOME is allowed. This is taken from the first name on the Agreement, usually the male.

For the purposes of this article I will highlight the offending clause which in PHRAA’s view (which contrary to the other two National Park Home Residents Associations and trade organisations all of which fully support this clause,, PHRAA continues to publicly condemn on the PHRAA website and elsewhere ) blatantly discriminates against Park Homeowners wives or partners by denying them, by law, the right to vote on all matters and decisions directly affecting the quality of their park home lifestyle, including pitch fee increases, proposed park rule changes etc. In short this clause effectively means that if wives or partners disagree with decisions affecting their lifestyle, then thanks to the ACT, they are required to ‘put up and shut up’!!!! Only in the Park Home industry would this outrageous practice, which amounts to an insult to women, be tolerated by authority, let alone Government approved. I should add that written complaints on this subject to Harriet Harman, (the then Minister for Women who still continues to champion women’s equality rights,) both by PHRAA and MP’s remain unanswered to this day. Mrs. Emily Pankhurst and supporters who bravely fought and sacrificed so much to achieve the right of all women to the Vote must be turning in her grave. I am sure that Mrs. Pankhurst did not fight for the vote for all women with the particular exception of those living on park home sites????

Although the park owners, government, the park home industry trade organisations and their very “clever” and influential legal teams and not forgetting the total support for the inclusion in the legislation of this discriminatory clause demonstrated by the other two National Park Home Residents Advisory Associations, will I am sure be very proud of their victory regarding this clause, but unfortunately for many park home owners, this law only applies one way. This is when, (Yes you’ve guessed it) it benefits only the park owner as 65 devastated residents of Carr Bridge Park, Blackpool found to their cost following an Appeal Court Hearing held at Preston Court Lancashire on 23 rd November 2010.

For the purpose of this article I need not go into the details of the case here as a full report will be available shortly on the PHRAA Website

Although the Mobile Home Act dictates that only one vote per home is allowed when decisions are made. As mentioned earlier this is stated to be the first name on the Agreement (contract) which is usually the male. However as recent events have proved beyond doubt when the park owner GREEN TREE PARKS Ltd and his very “clever” legal team TOZERS of Exeter represented by Mr. Leslie Bloem QC, undertake Court Action against a group of his residents who have exercised their right under the MHAct by actually daring to question his recently imposed extra charges, as if by magic the interpretation of this rule abruptly changes. SURPRISE, SURPRISE, THE SUMMONSES TO APPEAR IN COURT ARE SERVED ON EACH INDIVIDUAL OCCUPIER OF THE HOUSEHOLD CONCERNED. This means that if there are two or more occupiers eg., Husband and Wife then two or more, entirely separate but identical, sets of Court Papers are issued to that household. When as in this case there were 40 households involved it amounted to a nice little earner for the Solicitor eh?? But obviously extremely intimidating for the terrified elderly residents on the receiving end of this outrageous but legalised racket. How’s this for a legalised racking up of legal charges. Just imagine the rumpus if a residents solicitor were to try the same trick on a park owner???

So please would someone in Authority explain to PHRAA and every Park Home Owner in the Country how it is that PARK HOME RESIDENTS APPEAR TO BE IN THE UNIQUE POSITION OF BEING HAULED OFF TO COURT ACCUSED OF A CRIME THAT THEY COULD NOT POSSIBLY BE DEEMED GUILTY OF ON THE GROUNDS THAT AS THEIR NAMES ARE NOT THE FIRST TO APPEAR ON THE AGREEMENT RESULTING IN THEIR BEING BANNED BY LAW FROM LEGALLY HAVING ANY SAY IN MATTERS AFFECTING THEIR WELFARE?????? In other words how can wives and partners etc permanently occupying the park/mobile home with the registered homeowner be prosecuted for an alleged breach of a contract in which they are officially banned, by law, from having any say or input.

But it seems every thing is possible when it involves a Park homeowner.

AS I SAID AT THE START SURELY THEY (PARK OWNERS) CANNOT HAVE IT BOTH WAYS.

BUT OF COURSE THE LAW IS DIFFERENT FOR US PARK HOME OWNERS, or perhaps I should say SECOND CLASS CITIZENS. WE ARE EXPECTED TO COMPLY WITHOUT QUESTION TO THE LAW AS DICTATED BY THE ALMIGHTY PARK HOME INDUSTRY.

I should also point out to our readers that PHRAA fought tooth and nail against the “One Home One Vote” clause at the consultation meetings we attended in London. This proved to be a very unpopular stance to take with the DCLG Ministers etc, the Trade organisations, and the other two National Residents Associations and resulted in PHRAA being banned from future meetings in a concerted bid to silence PHRAA which remains the only National Park Home Residents Association with the guts to “TELL IT AS IT IS” Some two or so years ago our President Colin Packman was graciously granted an audience with the great Robert Shceoch Advisor to the Government on Park Home Policy at the DCLG with a view to getting this unofficial ban lifted. He was told that the ban would be lifted immediately providing PHRAA agreed to toe the official line. This interprets as the line as dictated by the Park Owners Trade Associations supported by the other National Park Home Residents Associations and continues to be adopted by Government. NEEDLESS TO SAY PHRAA DECLINED THIS “OFFER” ON THE GROUNDS THAT WE WILL NOT BE SILENCED AND WILL CONTINUE AT EVERY OPPORTUNITY TO EXPOSE THE EXPLOITATION SUFFERED EVERY DAY BY THOUSANDS OF VULNERABLE PARK HOME OWNER CAPTIVE VICTIMS AT THE HANDS OF THE EVER GROWING NUMBERS OF UNSCRUPULOUS THAT NOT ONLY INFEST THE RESIDENTIAL PARK HOME RESIDENTS, BUT ALSO HOLIDAY CARAVAN AND CHALET OWNERS who despite being the customers of a £6 Billion industry (figures supplied by Mr. Scheoch DCLG) have even less protection than us Residential Park Home owners.

UPDATE……

Since completing the above article PHRAA has unearthed further information in the form of a reply to a FREEDOM OF INFORMATION ACT 2000 PHRAA request to the PARK HOMES POLICY TEAM at the Department of Communities and Local Government (DCLG) . Although the reply did not answer the actual query raised, it did coincidentally, contain the following revelation as to the identity of the organisations directly responsible for the Governments introduction of the “ONE HOME ONE VOTE” clause so despised by many park home residents especially those wives and partners denied a vote on matters of direct effect on their welfare and park home lifestyle. The following is a direct quote from this letter dated 23rd June 2011.

“ ………..The contact details you refer to only seem to appear in the Department’s Park Home Factsheet on ’QUALIFYING RESIDENTS ASSOCIATIONS. That document contains the contact details of the two (national park home residents) organisations mentioned (IPHAS & NAPHR) together with the two industry representative groups (BH&HPA and NPHC) BECAUSE, BETWEEN THEM, THEY HAVE AGREED A MODEL TEMPLATE FOR THE CONSTITUTION OF A QUALIFYING RESIDENTS ASSOCIATION. “

I leave long suffering park owners to form their own conclusions on the above revelation, but it makes you wonder whose side certain others are on????

Compiled for the PHRAA Website by Ron Joyce. General Secretary. PHRAA.

JULY 2011

==================================================

PS. I perhaps should apologise to Mr. Scheoch and Mr. Bloem QC for not spelling their names properly, but as I have absolutely no respect for either of them in their dealings with elderly and vulnerable park homeowners, I could not be bothered to look up the correct spelling. However if they are offended, they can always sue me. Not that they would get anything if they did as they have already had over ten years of my life spent fighting for park homeowners rights to a FAIR DEAL.. My home is worthless because our PARK OWNER,, in common with all the other UPO’s, stops me selling. Because of this I and thousands of other helpless PHO are prisoners in the concentration camps known as park home sites. They have everything now, there is only my blood left. Do they want this as well.? ONE THING IS CERTAIN “COUNT DRACULA” AND HIS CRONIES ARE ALIVE AND PROSPERING, reincarnated as UNSCRUPULOUS PARK OWNERS thriving on the never ending supply unsuspecting, innocent PARK HOMEOWNERS. RON.

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WARNING BULLETIN No14 - Garden? What Garden? PDF Print E-mail
Written by Ron Joyce   
Tuesday, 21 August 2007

One could well be forgiven, having left the freedom of “bricks and mortar” and reading the regular, informative and colorful gardening features in the Park Home Magazine, that the small area of land surrounding your Park Home is yours to do as you like with. Unfortunately on all too many park home sites these days, especially when buying a new home on a park undergoing re-development, nothing could be further from the truth. Permission will need to obtained from the park owner to plant so much as a Daffodil bulb on your pitch (plot) even if its in a pot. If the park has an unscrupulous owner woe betide any homeowner who dares to plant even a single plant on their plot without that permission.

Most people buying park homes are either semi-retired or retired and look forward to creating a small garden on the plot around their home to potter about in and enjoy now that they have the time. It comes as a shock to many, especially keen gardeners, that all they have is a small area of grass, which other than being obliged to mow every week they can do nothing else with.

The policy used by most park owners when developing or re-developing a park is to cram as many homes into the available space as possible. Most new park homes are sited at the bear minimum of six meters (20 feet) apart meaning that each home has three meters (10 feet) of garden area all the way round the home. In some cases one side of the plot (Pitch) is taken up by a hard standing used for parking the residents car and possibly a small metal storage shed, plus a large area, taken up by the steps necessary at each doorway for access into the home. Add to this a concrete walkway approximately 2-3 feet wide all the way round the actual home leaving precious little remaining room to create a garden.

As most park owners insist that their parks are strictly open plan, no fences, hedges, plants or shrubs etc can be used to denote the boundaries between homes, privacy is not possible. A note of caution should added here for anyone considering buying a new home on a park currently in the process of being developed. If you are viewing a show home, one already sited overlooking an open piece of ground or within an area of concrete bases awaiting new homes, although the home may enjoy an open aspect on at least one side, (usually the front)at present, it is difficult to imagine the boxed in effect when a home is placed on the next base, leaving you with nothing but the view of the back and sides of the next homes 20 feet away.
 

Visit any park home show and you will notice that great care has been taken by the exhibitors to create beautiful border displays crammed full of flowing plants and colourful shrubs, even elaborate garden area’s surrounding the homes in order to enhance the appearance of the homes on show.  Likewise the glossy photographs of park homes and sites accompanying the glowing park write ups appearing in the specialist magazines and park home advertising in general, all specially selected to show beautifully neat and colourful gardens.

Unfortunately for most, on new or redeveloped parks gardens are a thing of the past and parks are becoming almost devoid of any vegetation other than grass except perhaps a very limited number of plants in pots graciously permitted by the park owner at his “ absolute discretion”.  The advertising for new park homes usually states that the price of the home includes the landscaping of the pitch (plot). This means Grass will be laid to fill up the areas of the pitch not covered by concrete and/or tarmac parking spaces, access paths, a tin shed and nothing else.

From the increasing number of calls from distraught residents PHRAA is receiving lately, it is not only new park owners on new or redeveloped parks that are being deprived of their gardens, but also existing and long standing park homeowners are rapidly being affected.  This usually follows when their park changes ownership especially where the new park owner is one of the ever increasing number of unscrupulous park owners who are mainly the only ones buying up parks at present.

The usual scenario goes as follows………….The elderly residents have occupied their park home for many years. During those years they have spent hundreds of pounds on plants, shrubs, water features etc etc., spending every hour lovingly creating and maintaining a beautiful garden which is their pride and joy and in many cases has become their hobby. Imagine the devastating effect on the park home resident when the new park owner arrives on the park armed with a JCB digger, the favourite toy of the unscrupulous park owner (UPO), and proceeds to enter on to their pitch (plot) destroying their beautiful garden and everything planted in it. When challenged by the distraught homeowner the UPO, usually using abusive language, states that “it is his land and he will do as he likes” and he is making the park “Open Plan” no gardens are allowed.

Another common method used by the park owner is to send a letter to the homeowner, either written by himself or his solicitor, ordering the homeowner to remove all plants, bushes etc from their pitch (plot) within a given time. If this order is not complied with within this time, he will enter the plot, remove everything and charge the unfortunate homeowner for the work.

Any park homeowner with a pitch (plot) larger than the bear 3 metres all round the home is particularly vulnerable to this treatment especially if by taking part of their plot enables the park owner to cram in an extra home. This usually applies to the owners of older homes, (the term older homes is stated as meaning homes over ten years of age, published in an article in a Park Homes magazine by Alicia Dunne, Director of Policy for the National Park Homes Council, one of the industries governing bodies,) who may have a larger plot than exist currently.

As creating or taking pride in the garden at a park home is rapidly becoming a thing of the past and parks are becoming what one of my colleagues refer to as "Lawned Cemeteries”  the gardening writer in the Park Homes Magazine will soon become redundant or reduced to confining future gardening feature articles on how to use a lawn mower illustrated with glossy pictures of manicured bits of grass.  Perhaps this magazine could replace his feature articles with a “Find a Plant, bush or a tree on your park”  competition with a pot of concrete cleaner as a prize.

Compiled for PHRAA by Ron Joyce, General Secretary.                       July 2007.

Last Updated ( Tuesday, 21 August 2007 )
 
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